IOS2601 Exam May/June 2024 Memo PDF

## IOS2601-Exam May/June 2024 ### Question 1 In which case did the court emphasise the orthodox primary rule of interpretation that courts must give effect to the literal and grammatical meaning of the legislation, and that deviation from this rule will be allowed only in exceptional circumstances...

## IOS2601-Exam May/June 2024 ### Question 1 In which case did the court emphasise the orthodox primary rule of interpretation that courts must give effect to the literal and grammatical meaning of the legislation, and that deviation from this rule will be allowed only in exceptional circumstances? - a. **Mateis v Ngwathe Plaaslike Munisipaliteit 2003 (4) SA 361 (SCA)** - b. Geyser v Msunduzi Municipality 2003 (5) SA 19 (N) 32D-E. - c. Qoseleni v Minister of Law and Order 1994 (3) SA 625 (E). - d. Minister of Interior v Lockhat 1961 (2) SA 587 (A) 602. ### Question 2 In Venter v R it was decided that...? - a. Irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem to be, the relevant contextual factors (e.g. the practical effects of different interpretations, as well as the background of the provision) must be considered - b. Once the meaning of the text and context e.g. language in context is determined, it may not be applied irrespective of whether the interpreter is of the opinion that the legislature intended something - c. The 'plain meaning' in the text should be strictly considered as this would be vague and misleading - **d. If the 'plain meaning' of the words is ambiguous, vague or misleading, or if a strict literal interpretation would result in absurd results, the court may deviate from the literal meaning to avoid such an absurdity** ### Question 3 In which case did the court set aside a conviction on a basis that it was found that a party?s decision to exceed a speed limit was reasonable? - **a. S v De Bruin 1975 (3) SA 56 (T)** - b. S v Huyser 1968 (3) SA 490 (GW) - c. S v Reed 1972 (2) SA 34 (RA) - d. S v Labuschagne 1979 (3) SA 1320 (T) ### Question 4 In which case did Cameron J summarise the principles of supremacy of the Constitution by stating that 'the Constitution has changed the context of all legal thought and decision-making in South Africa? - a. Union Mack v Mack 1917 AD 731. - b. Minister v Land Affairs v Slamdien 1999 (4) BCLR 413 422. - **c. Limpopo Province v Speaker of the Limpopo Provincial Government 2011 (6) SA 396 (CC).** - d. Holomisa v Argus Newspapers Ltd 1996 (2) SA 588 (W). ### Question 5 In which case did the court decide that in terms of jurisprudential guidelines, if the validity of the act would defeat the purpose of the legislation, this is an indication that the act (conduct) should be null and void? - a. R v Lewinnsohn 1922 TPD 336. - **b. Amalgamated Packaging Industries v Hutt 1975 (4) SA 943 (A).** - c. Leibrandt v SA Railways 1941 AD. - d. government of the Republic of South Africa v Government of KwaXulu 1983 (1) SA 164 (A) ### Question 6 In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed that a court is obliged to? - **a. develop common law in light of applicable legislation** - b. develop the common law in light of the Constitution. - c. allow legislation to trump common law as is usually the practice - d. allow common law and legislation to operate side-by-side ### Question 7 S v Mujee 1981 (3) SA 800 (Z) is an example of the application of the _ rule. - a. ex consequentibus - b. ex contrariis - **c. eiusdem generis** - d. cessante ratione ### Question 8 In Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC) Ngcobo J remarked that? - a. The starting point towards interpreting any piece of legislation is in its table of contents - b. The discretion lies with the judicial officer(s) to ascribe whatever meaning they want to any piece of legislation - **c. The starting point towards interpreting any piece of legislation is in the Constitution** - d. The starting point towards interpreting any piece of legislation is in the text. ### Question 9 In which case did the court decide that in terms of semantic guidelines, a positive language suggests that the provision be merely directory? - a. R v Lewinnsohn 1922 TPD 336 - **b. Amalgamated Packaging Industries v Hutt 1975 (4) SA 943 (A)** - c. R v Sopete 1950 (3) SA 796 (Ε) - d. Leibrandt v SA Railways 1941 AD 9. ### Question 10 In which case did the court decide that "ordinary meaning" means colloquia (everyday conversational) speech? - **a. Novelty Machine Operators v Minister of Justice 1980 (2) SA 636 (A)** - b. Golden China TV Game Centre v Nintendo Co Ltd 1997 (1) SA 405 (A) - c. Keyster v Minister of Agriculture 1908 NLR 522 - d. Finbro Furnishers (Pty) Ltd v Registrar of Deeds, Bloemfontein 1985 (4) SA 773 (A) ### Question 11 In Nourse v Van Heerden 1999 (2) SACR 198 (W) the court found that? - a. legislation can be abrogated by disuse or repealed by the legislature. - b. the case had to be decided in terms of the Choice on Termination of Pregnancy Act 92 of 1996. - c. the Abortion and Sterilisation Act 2 of 1975 was unconstitutional - **d. legislation cannot be abrogated by disuse but it must be repealed by a competent legislature** ### Question 12 In which case did the court conclude that if there is irreconcilable conflict between various texts, the court will give preference to the one which benefits the person concerned? - a. Khala v The Minister of Safety and Security 1994 (4) SA 218 (W) 221 - b. Du Plessis v Southern Zululand Rural Licensing Board 1964 (4) SA 168 (D) - c. Bolnik v Chairman of the Board appointed by the SA Council of Architects 1982 (2) SA 397 (C) - **d. Kock v Scottburgh Town Council 1957 (1) SA 213 (D)** ### Question 13 In S v Koopman 1991 (1) SA 474 (NC)... - a. the accused was found guilty of contravening the Internal Security Act 44 of 1950. - b. the court used the presumption that government bodies are not bound by their own legislation to arrive at a decision. - **c. the accused was found guilty of contravening the City of Cape Town by-laws.** - d. the court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion. ### Question 14 Botha is of the opinion that the interpretation process begins with the reading of the legislation concerned. In which case did the court decide that ordinary meaning must be attached to the words? - a. Union Government v Tonkin 1918 AD 533 - b. Union Government v Mack 1917 AD 731 - **c. Principal Immigration Officer v Purshotam 1928 AD 435** - d. Principal Immigration Officer v Hawabu 1936 AD 26 ### Question 15 In which case did the court decide that legislation commences on the date of publication, irrespective of whether it has come to the knowledge of everybody in the remote areas? - a. Rand Bank Ltd v De Jager 1982 (3) SA 418 (C) - b. Hatch v Koopoomal 1936 AD 197 - **c. Nourse v Van Heerden 1999 (2) SACR 198 (W)** - d. Queen v Jizwa 11 SC 387 ### Question 16 In which case did the court decide that there is only one kind of interpretation with one definite object, and that is to ascertain the true intention of the legislature as expressed in the Act? - **a. R v Hildick-Smith 1924 TPD 68 81** - b. R v Herman 1937 AD 168 - c. R v Forlee 1917 TPD 52 - d. R v Lewinsohn 1922 TPD 336 ### Question 17 In which case were the techniques for interpretation of statutes identified, with the exception of comparative interpretation? - a. Daniel v Campbell 2004 (5) SA 331 (CC) - b. Sigcau v Sigcau 1941 CPD 334 - c. Fourie v Minister of Home Affairs 2005 (3) SA 429 (SCA) - **d. Minister v Land Affairs v Slamdien 1999 (4) BCLR 413 (LCC) 422 para 17** ### Question 18 In the case of _ it was held that the intention of the legislature should be deduced from the words used in the legislation, in other words, the plain meaning of the text in an intentional disguise. - **a. S v Makhubela 1981 (4) SA 210 (B)** - b. Union Government v Mack 1917 AD 731 - c. Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) - d. Jaga v Dönges 1950 (4) SA 653 (A) ### Question 19 The Constitutional Court stressed that a court is obliged to develop the common law in view of the Constitution in the case of? - a. Carlis v Oldfield 4 HCG 379 - b. Moseneke v Master of the High Court 2001 (2) SA 18 (CC) - **c. Carmichelle v Minister of Safety and Security 2001 (4) SA 938 (CC)** - d. Executive Council Western Cape Legislature v President of the RSA 1995 (4) SA 877 (CC) ### Question 20 In _ the court stated clearly that the principle that a meaning should be assigned to every word is not absolute. - a. Secretary for Inland Revenue v Somers Vine 1968 (2) SA 138 (A) - b. Golden China TV Game Centre v Nintendo Co Ltd 1997 (1) SA 405 (A) - c. Volschenk v Volschenk 1946 TPD 486 - **d. Finbro Furnishers (Pty) Ltd v Registrar of Deeds, Bloemfontein 1985 (4) SA 773** ### Question 21 In which case did the court decide that a security official who contravenes a statutory provision when acting outside the scope of his duties cannot rely on the presumption against the state being bound? - **a. S v Reed 1972 (2) SA 34 (RA)** - b. S v Yolelo 1981 (1) SA 1002 (A) - c. S v Taekendesa 1972 (4) SA 72 (RAD) - d. S v Ndiki 2008 (2) SACR 252 (Ck) ### Question 22 The mischief rule was laid down in the 16th century by Lord Coke in the famous Heydon's case (1584). Four questions were asked in this case; which one was NOT asked? - a. What was the mischief not provided for by the existing legislation or common law? - b. What was the historical context before legislation was adopted? - **c. What was the legal position before the legislation was adopted?** - d. What was the solution or remedy provided by the legislature to solve this problem? ### Question 23 In which case were guidelines to statutory interpretation identified? - a. Mateis v Ngwathe Plaaslike Munisipaliteit 2003 (4) SA 361 (SCA). - **b. University of Cape Town v Cape Bar Council 1986 (4) SA 903 (A).** - c. Kalla v The Master 1995 (1) SA 261 (T). - d. Jaga v Donges 1950 (4) 653 (A) ### Question 24 In which case did King J make the remark 'an Act of parliament creates law but not necessarily equity. As a Judge in a Court of law I am obliged to give effect to the provisions of an Act of Parliament. Speaking for myself and if I were sitting as court of equity, I would have come to the assistance of the appellant. Unfortunately, and on an intellectually honest approach, I am compelled to conclude that the appeal must fail.?? - a. S v Kohler 1979 (1) SA 861 (T) - **b. S v Mujee 1981 (3) SA 800 (Z)** - c. S v Adams 1979 (4) SA 793 (T) 801 - d. S v Makwanyane 1995 (3) SA 391(CC) ### Question 25 The following court case is an example in which restrictive interpretation was applied: - a. Minister van Polisie v De Beer 1970 (2) SA 712. - b. Tefu v Minister of Justice 1953 (2) SA 61 (T). - c. Jaga v Donges 1950 (4) SA 653 (Α). - **d. Skinner v Palmer 1919 WLD 39.** ### Question 26 All of the options below are sections taken from the South African Schools Act 84 of 1996. Which section is an example of a peremptory provision? - a. The governing body may allow the reasonable use of the facilities of the school for community, social and school fund-raising purposes, subject to such reasonable and equitable conditions as the governing body may determine which may include the charging of a fee or tariff which accrues to the school - b. After consultation, as contemplated in section 5 of the National Education Policy Act, 1996 (Act No. 27 of 1996), the Minister may determine norms and standards by notice in the Gazette regarding the funds used for the employment of staff referred to in subsections (4) and (5), but such norms and standards may not be interpreted so as to make the State a joint employer of such staff. - c. Subject to this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law, a public school may establish posts for non-educators and employ non- educator staff additional to the establishment determined in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994) - **d. When presenting the annual budget contemplated in section 38, the governing body of a public school must provide sufficient details of any posts envisaged in terms of subsections (4) and (5), including the estimated costs relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met** ### Question 27 Botha suggest the following as the solution to resolve the conflict that arises between legislative texts taking the interpretation clause into consideration: - a. The courts can follow the signed version blindly to establish the purpose of legislation - **b. In the case of an irreconcilable conflict between versions of the same text, the text which best reflects the spirit and purport of the Bill of Rights must prevail** - c. Courts should follow the arbitrary manner of conflict resolution because it confirms the text-based approach - d. All versions of the legislative text must be read together from the outset as they are all part of the structure of the same enacted law ### Question 28 Indicate which statement is not correct. Modificative interpretation occurs when? - a. the text of the legislation stipulates more than its purpose - b. the initial meaning of the text is in conflict with the Constitution - **c. the text of the legislation is vague, unclear and ambiguous** - d. the text of the legislation stipulates less than its purpose ### Question 29 Which of the following approaches to statutory interpretation was influenced by the doctrine of legal positivism? - a. Western liberal legal tradition - **b. Literal approach.** - c. The text-based approach. - d. Critical Legal Studies Movement ### Question 30 Surrounding circumstances are those conditions prevailing before and during the adoption of legislation which led to its creation. Indicate which option is NOT seen as surrounding circumstances. - a. case law - **b. subsecuta observations** - c. mischief rule - d. Ubuntu ### Question 31 Which one of the following internal aids to statutory interpretation deals with the technical detail that will otherwise clog up the main body of the Act? - a. Preamble - **b. Definitions** - c. Schedules - d. Sections ### Question 32 Before 1994 the South African legal dispensation could be characterised as that of? - **a. Judicial sovereignty** - b. Parliamentary sovereignty - c. Constitutional sovereignty - d. Executive sovereignty ### Question 33 According to Botha the various dimensions of the 'practical inclusive method' includes the language; historical; systematic; and _ - **a. value-based or teleological and comparative** - b. contextual and textual - c. internal and external - d. peremptory and directory ### Question 34 A court may use the following internal language aids to assist it in the interpretation process: - a. The preamble, the long title, the definition clause, express purpose clauses and interpretation guidelines, examples and footnotes and schedules - **b. The preamble, the long title, the definition clause, express purpose clauses and interpretation guidelines, headings to chapters and sections and schedules** - c. The preamble, the long title, the definition clause, express purpose clauses and interpretation guidelines, headings to chapters and sections and dictionaries and linguistic evidence - d. The preamble, the long title, the definition clause, definitions in the Constitution and the Interpretation Act, headings to chapters and sections and schedules ### Question 35 According to sections 1 and 2 (read together) of the Interpretation Act 33 of 1957, legislation consists of: - a. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, Green and White papers, and any other enactment having the force of law - b. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations, or order and any other enactment having the force of law - **c. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, and any other enactment having the force of law** - d. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, advertisements and any other enactment having the force of law ### Question 36 In terms of section 229 of the interim Constitution all? - a. legislation passed on or before 18 December 1997 should be deleted from the statute books with immediate effect - b. legislation shall be repealed including old legislation when the final constitution is adopted - **c. legislation should remain in force, at the behest of the President of the Republic of South Africa** - d. existing legislation is in force until repealed or amended by a competent authority ### Question 37 The revocation of legislation by the relevant competent lawmaker is known as? -a. retroactivity -b. Disuse - **c. Repeal** -d. concretization ### Question 38 What is the reason for the origins of Critical Legal Studies Movement? -a. Inability of liberalism to solve social problems such as poverty, racism, pluralism and oppression -**b. Reaction against structuralism argument that the meaning of language can be ascertained and pinned down from its grammatical structure** -c. Inability of liberalists to provide alternative programmes to social problems, such as poverty, racism, pluralism and oppression -d. Reaction against the jurisprudence of interpreting legislation ### Question 39 The following term refers to the discussions during the drafting of an international treaty, but it is also increasingly used regarding the discussions of drafters of a Constitution. -a. Internal aids - **b. Travaux Preparatoires** -c. External aids -d. Ex accessorio eius de quo verba loquuntur ### Question 40 How must the interpretation of statutes (like all other law) be conducted in terms of section 35(3) of the Interim Constitution and section 39(2)? - a. Within the guidelines that were identified by Schreiner J in the Jaga v Donges case - b. Within the golden rule of the textual approach where, if the meaning of the statutory provision is not clear then secondary aid should be considered - **c. Within the value-laden framework of the supreme Constitution which is the highest law of the land** - d. Within the primary rule of textual approach, where the grammatical clear language of the statutes must be recognized ### Question 41 In which case did Froneman J explain the demands of the Supreme Constitution on statutory interpretation by stating that the only material difference between the common law approach and the present approach is the recognition that the previous constitutional system of this country was the fundamental mischief to be remedied by the application of the new Constitution? - **a. Kalla v The Master 1995 (1) SA 261 (T) 269C-G** - b. Govender v Minister of Safety and Security 2001 (4) SA 273 (SCA) - c. Mateis v Ngwathe Plaaslike Munisipaliteit 2003 (4) SA 361 (SCA), - d. Qozeleni v Minister of Law and Order 1994 (3) SA 625 (Ε) ### Question 42 Choose one from the following which is a factor that led to the adoption of the textual approach in England. - a. As a result of Roman-Dutch Law in England. - **b. The textual approach in England is adopted as a last resort, the contextual approach is considered first in this regard.** - c. Because English law is so clear that only one final interpretation is possible. - d. The common-law tradition of England, in which the courts have traditionally played a very creative role regarding the common-law principles. Legislation was viewed as the exception to the rule, altering the traditional common law as little as possible. ### Question 43 In _ it was decided that Constitutional right to life does not mean that the state has a duty to keep all terminal ill patients alive. - **a. S v Makwanyane and Another (CCT3/94) [1995] ZACC 3** - b. Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters 2002 (4) SA 613 (CC). - c. Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC) - d. Govender v Minister of Safety and Security 2001 (4) SA 273 ### Question 44 The following are some of the semantic and jurisprudential guidelines and the presumptions about specific circumstances determining that a provision is directory. Which one is an incorrect guideline? - **a. If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-compliance with the _requirements_, it is an indication that the provision in question should be regarded as directory.** - b. Requirements results in the nullity of the act, there is a presumption that the requirements are merely directory - c. If strict compliance with the provisions would lead to injustice and even fraud, it is presumed that the provision is directory. - d. If the provision is formulated in flexible or vague terms, it is an indication that it is directory. ### Question 45 Which Section of the Interpretation Act 33 of 1957 empowers the President the powers to issue a proclamation to prescribe alternative procedures for the proclamation of legislation? - a. Section 16C. - b. Section 239. - **c. Section 13(2).** - d. Section 16A. ### Question 46 Retroactive commencement refers to?. -a. Where an Act commences on a date to be determined. -b. Through Publication in government gazette. - **c. Publication on a specific date, but the legislation is deemed to have commenced earlier, that is, on a date prior to publication.** -d. Where the legislation prescribes a date of commencement. ### Question 47 In _ the Constitutional Court held that the existing right to kill a person in self-defence has not been abolished by the Constitution. - a. Govender v Minister of Safety and Security 2001 (4) SA 273 - b. S v Makwanyane and Another (CCT3/94) [1995] ZACC 3 - c. Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters 2002 (4) SA 613 (CC). - **d. Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC)** ### Question 48 In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC) the Constitutional Court laid down several principles to be considered and followed before reading in or severance is applied. Identify one of the statements below that is a principle laid down by the court about reading in or severance. - **a. The Courts must not be able to define with sufficient precision how the legislative meaning ought to be modified.** - b. Result of reading in/severance must be inconsistent with the Constitution and its values. - c. The remedy of reading in ought to be granted where this would result in unsupportable budgetary intrusion. - d. Before reading in or severance is applied, special consideration must be given to stare decisis. ### Question 49 The Appellate Division in _ stressed that the status of legislation is to a large extent determined by the deliberation the law-making process. - **a. Middleburg Municipality v Gertzen 1914 AD 544** - b. Govender v Minister of Safety and Security 2001 (4) SA 273 - c. Premier, Limpopo Province v Speaker of the Limpopo Provincial Government 2011 (6) SA 396 (CC) - d. Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd 2001 (4) SA 501 (SCA) ### Question 50 What does Botha call the perplexing and specialised incomprehensible language used by lawyers in legal documents? - a. Verbatim. - **b. Legalese.** - c. Bad drafting. - d. Verbose.